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2025 DAILYLAW 202094 (ALL)

KAMLESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. LKO. AND 3 OTHERS

WRIA/12279/2025 · 2025-10-16

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12279 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Since, the instant matter is being decided at the admission stage, therefore, notice to the opposite party no. 4 is hereby dispensed with. Heard learned counsel for the petitioner, Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the opposite parties no. 1 & 2, Sri Rishabh Tripathi, learned counsel for the opposite party no. 3 and perused the record. Instant writ petition has been filed with the following reliefs :- "(1) Issue a writ, order of direction in the nature Mandamus commanding the Respondent No.3 not to create any hindrance in the peaceful job of the petitioner and pay the monthly Honorarium regularly and grant all the benefits admissible to him including the pending arrears." Contention put forth by the learned counsel for the petitioner is that the the petitioner was appointed on the post of Shishamitra in the year, 2005 and in the year, 2019, he was suffering with some ailment and thereafter, since the month of July,2019, he is not being allowed to work in the institution in question and he is suffering a lot for his no fault. After arguing at some length, learned counsel for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to Versus Counsel for Petitioner(s) : Kamlesh Kumar Shukla Counsel for Respondent(s) : C.S.C., Rishabh Tripathi Kamlesh Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko. And 3 Others .....Respondent(s) move a fresh representation before the opposite party no. 3/District Basic Education Officer, Sitapur and the opposite party no. 3 may be directed to consider and decide the same; within the stipulated period of time, as may be fixed by this court. Learned counsels appearing for the opposite parties have no objection to the contentions aforesaid. Be that as it may, without entering into the merits of the case,the petitioner is given liberty to move a fresh representation, while raising all his claims and grounds before the opposite party no. 3/ District Basic Education Officer, Sitapur within the period of 15 days form today and if such representation is moved within aforesaid period, the opposite party no. 3 is directed to consider and decide the same within further period of two months, in accordance with law. With the aforesaid observations, the writ petition is hereby disposed of. October 16, 2025 AKS WRIA No. 12279 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench